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US Flouts International Law With Pacific Military Claims

One of these military controls, “the defense veto,” enables the United States to prevent the compact states from forging international agreements that could impede U.S. military priorities. Consequently, the compact states have never joined the Treaty of Rarotonga, which established a nuclear free zone in the region.

There is no legal basis for the United States to prevent ships from other countries from peacefully traversing the compact states’ exclusive economic zones.

Officials argue that Washington has the authority to block enemy navies from an area ‘nearly as large as the continental United States’

Anti-War.com by Edward Hunt September 26, 2023

In defiance of international norms and rules, U.S. officials are laying claim to the large oceanic area in the central Pacific Ocean that is home to the compact states.

Now that they are renewing the economic provisions of the compacts of free association with Palau, the Marshall Islands, and the Federated States of Micronesia, U.S. officials are insisting that the compacts provide the United States with exclusive control over an area of the central Pacific Ocean that is comparable in size to the United States.

“We control essentially the northern half of the Pacific between Hawaii and Philippines,” U.S. special envoy Joseph Yun told Congress in July.

For decades, the United States has overseen compacts of free association with Palau, the Marshall Islands, and the Federated States of Micronesia. Under the compacts, the United States provides the three countries with economic assistance while it maintains powerful military controls over the islands and their waters.

One of these military controls, “the defense veto,” enables the United States to prevent the compact states from forging international agreements that could impede U.S. military priorities. Consequently, the compact states have never joined the Treaty of Rarotonga, which established a nuclear free zone in the region.

Another U.S. military control is “the right of strategic denial” by which U.S. officials assert that they can prevent other countries from accessing the compact states’ lands, waters, and airspace.

“The compacts do give us full defense authority and responsibility in those countries and provide our ability to strategically deny third country military access,” U.S. diplomat Jane Bocklage told Congress earlier this year.

Although the compacts include language that permits the United States to foreclose access to the islands by third-party military forces, U.S. officials have broadly interpreted this language to mean that they can exclude third parties from the compact states’ exclusive economic zones (EEZs), which extend up to 200 miles around each island’s coastlines.

At a congressional hearing in July, Senator John Barrasso (R-WY) asserted that strategic denial authority “allows us to deny access to any potential adversary in an area of the Pacific comparable in size to the continental United States.” An associate presented a map that portrayed the EEZs as one contiguous area under U.S. control. “It’s nearly as large as the continental United States,” Barrasso remarked.

Defense Department official Siddharth Mohandas agreed with the senator’s interpretation. He claimed that the United States maintains unfettered and exclusive access to the area. “We have the ability to deny foreign militaries access and the ability to operate in the exclusive economic zones of the Freely Associated States,” Mohandas said, referring to the compact states.

This interpretation of strategic denial is inconsistent with international law. Under the UN Convention on the Law of the Sea, all countries have the rights of navigation and overflight in the exclusive economic zones of other countries, as stipulated by Articles 58 and 87.

Most countries, including the compact states, are parties to the convention. The United States has never ratified the convention, but high-level U.S. officials have expressed their support for it.

“Although not yet a party to the treaty, the U.S. nevertheless observes the UN LOSC as reflective of customary international law and practice,” the National Oceanic and Atmospheric Administration explains, referring to the Convention on the Law of the Sea.

When U.S. officials say that they have a right to exclude third-party actors from the compact states’ exclusive economic zones, they are making claims that are inconsistent with the UN Convention. There is no legal basis for the United States to prevent ships from other countries from peacefully traversing the compact states’ exclusive economic zones………………………………. more https://original.antiwar.com/Edward_Hunt/2023/09/25/us-flouts-international-law-with-pacific-military-claims/

September 28, 2023 - Posted by Christina Macpherson | Legal, USA